Purwanto Budi Santoso
Universitas Mpu Tantular

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Legal Protection for Land Rights Holders in Determining Fair Compensation under Article 9 of Law Number 2 of 2012: A Case Study of Land Acquisition for the Jakarta–Bandung High-Speed Rail Project Purwanto Budi Santoso; Appe Hutauruk; Hotman Sinambela; Sunarno
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 3 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/xjcgdg06

Abstract

This study examines the implementation of the principle of justice in determining fair compensation under Article 9 of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. It focuses on the Jakarta–Bandung High-Speed Rail Project as a National Strategic Project (PSN) and analyzes the legal protection available to land rights holders who object to the compensation determined by the government. A comparative analysis with the Pantai Indah Kapuk 2 (PIK 2) National Strategic Project is conducted to provide a broader perspective on the application of justice in large-scale land acquisition. This research employs a normative legal research method using statutory, case, conceptual, and comparative approaches. Primary legal materials include the 1945 Constitution, the Basic Agrarian Law (Law No. 5 of 1960), Law No. 2 of 2012, implementing regulations, relevant court decisions, and official documents related to both projects. The data were analyzed qualitatively using the theories of legal protection, distributive justice, legal certainty, and the social function of property rights. The findings reveal that the implementation of Article 9 of Law No. 2 of 2012 has not fully achieved substantive justice. The deliberation process primarily fulfilled procedural requirements while providing limited opportunities for meaningful negotiation. Although compensation disputes in the Jakarta–Bandung High-Speed Rail Project were ultimately resolved through legal mechanisms, the process exposed weaknesses in transparency, appraisal independence, and access to effective legal remedies. By contrast, the PIK 2 project involved allegations of coercion, compensation below market value, environmental impacts, and restrictions on local livelihoods, leading to the revocation of its PSN status. The study recommends strengthening counter-appraisal mechanisms, improving valuation transparency, reformulating deliberation procedures, and enhancing legal assistance to ensure fair compensation and effective legal protection